Yesterday, I wrote about how an E/C must present evidence that a Claimant failed to complete an earnings report (DWC-19 form) in order to suspend temporary partial benefits. In the Rucker v. Just Brakes case, the E/C failed to assert this as an affirmative defense and therefore the Judge could not limit Claimant’s right to penalties and interest nor was the E/C correct in suspending benefits.
In other words: Send them the forms. Send them the forms. Send them the forms. (See yesterday’s post!)
But, what about permanent total disability? Can an E/C unilaterally suspend PTD benefits when a Claimant fails to complete a DWC-19 form? (more…)